‘I succeeded as AG, was not appointed’

Gregory Baka says he stands by his position as acting attorney general despite never being confirmed by the Senate.

The House of Representatives has said Baka is violating the law by holding the position, and the Legislature continues to look into the legality of Baka’s position. Baka, who was promoted to deputy attorney general in July 2006, succeeded to the role of acting AG after Matthew T. Gregory resigned in September. By law, the governor must appoint a nominee within 30 days of a vacancy and the Senate must then confirm the nomination. But Baka said he was not nominated, instead he succeeded Gregory, although he has earlier been quoted as saying he will do what the Senate wants.

But, Baka said yesterday, he was not appointed but merely succeeded.

“Under the relevant statutes, whether or not an acting department head needs to be confirmed depends on whether the individual was ‘appointed’ to the position, as opposed to having ‘succeeded’ to office,” he said in an e-mail.

His salary remains that of the deputy attorney general, his contractual position, he noted.

Baka referred to Superior Court case Demapan v. Kara, which centered on the continued re-appointment of Maya Kara as acting attorney general, despite the Senate’s rejection of her nomination. There are additional factors, he added, although he did not specify.

In Demapan v. Kara, the court ruled that there is no statutorily created position of acting attorney general. The governor is required to appoint an attorney general, the court said.

“There is no reference to an Acting Attorney General appointment, nor does this provision give the Governor authority to make such an acting appointment. Moreover, 1 CMC § 8245 provides for the annual base salary of the Attorney General at $70,000. There is no reference in § 8245 as to the salary of an Acting Attorney General,” the case stated.

Kara was receiving the $70,000 salary of an attorney general.

The court said statutes of the CNMI allow the governor to make appointments to the Office of the Attorney General only when there is a vacancy in the position. Baka and press secretary Charles Reyes have said there was no vacancy because, as deputy, Baka automatically succeeded the previous AG. Baka has used the title of acting attorney general on official court documents.

Baka said he, Gov. Benigno Fitial and Senate President Pete Reyes—who has said he would use his influence to make sure Baka was not confirmed—“would welcome the identification of a suitable individual who is qualified, willing, and able to accept an appointment to serve as Attorney General and lead the OAG in its ongoing service as the people’s lawyers.”